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HomeMy WebLinkAbout20180103_OR_2018000001242 Document-4614799-Page-1 Page 1 of 1 Recorded in Official Records,Orange County RECORDATION REQUESTED BY Hugh Nguyen,Clerk-Recorder AND WHEN RECORDED, RETURN TO: II I I II II 11111111 I 111111 I II II I II NO FEE Michael H. Mugal * $ R 0 0 0 9 8 o s 8 0 6 $ * 2727 Shell Street 2018000001242 9:08 am 01/03/18 Newport Beach, CA 92625 10540613112 4 0.00 0.00 0.00 0.00 9.00 0.00 0.000.00 0.00 WITH A COPY TO: City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658 Attention: Jaime Murillo, Senior Planner (Fyernpt From R c it n G rn n Code 273 3 APN: 052-050-31 [Space Above For Recorder's Use Only] DEED RESTRICTION FOR ACCESSORY DWELLING UNIT (2727 Shell Street, Newport Beach, California) This Deed Restriction for Accessory Dwelling Unit("Deed Restriction") is made this 21 s day of December 2017, by Michael H. Mugel ("Owner"). RECITALS WHEREAS, Owner is the record owner of certain real property commonly known as 2727 Shell Street, located in the City of Newport Beach ("City"), County of Orange, State of California, County Assessors Parcel Number 052-050-31, as more fully described in the legal description attached hereto as Exhibit A and incorporated herein by reference ("Property"); - WHEREAS, on October 8, 2014, Owner applied for a building and/or grading permit ("Permit") to construct an accessory dwelling unit as defined in Newport Beach Municipal Code ("NBMC") Subsection 20.70.020, or any successor subsection, ("Accessory Dwelling Unit")on the Property; and WHEREAS, NBMC Subsection 20.48.200(E) requires that prior to issuance of a building or grading permit for an Accessory Dwelling Unit, Owner record a deed restriction notifying future owners of City's owner occupancy requirements and restrictions on short- term rentals. NOW, THEREFORE, in consideration of City granting Owner a Permit, Owner hereby irrevocably covenants with the City and agrees, on behalf of (him/her/itself) and all successors and assigns,that there be and hereby is created the following restrictions on the use and enjoyment of the Property, to be attached to and become a part of the deed to the Property: about:blank 01/03/2018 a. A structure containing one dwelling unit for occupancy by one single housekeeping unit ("Principal Dwelling Unit") must exist on the Property or shall be constructed on the Property in conjunction with the construction of the Accessory Dwelling Unit; b. The Accessory Dwelling Unit shall not be rented for periods of less than thirty (30) days; c. Only one Accessory Dwelling Unit may be located on the Property; and d. The Principal Dwelling Unit or the Accessory Dwelling Unit shall be continuously occupied by at least one person having an ownership interest in the Property. This Deed Restriction shall remain in full force and effect during the period that the Permit, or any modification or amendment thereof, remains effective, and during the period that the Accessory Dwelling Unit authorized by the Permit or any modification of said Accessory Dwelling Unit, remains in existence in or upon any part of, and thereby confers benefit upon, the Property. This Deed Restriction shall run with the land, be binding upon the heirs, successors, and assigns of Owner's interest in the land, whether fee or otherwise and shall be recorded in the Office of the County Recorder of Orange County, California. Failure of Owner to comply with this Deed Restriction shall be grounds for the City to require that Owner modify or remove the Accessory Dwelling Unit constructed or used in violation of this Deed Restriction. If any provision of this Deed Restriction is held to be invalid or for any reason becomes unenforceable, no other provision shall be thereby affected or impaired. have caused this Deed Restriction to be executed on the date(s) written below. OWNER(S): Michael H. Mugel Date: December 21, 2017 Owner(s) must sign in the presence of notary public ATTACHMENT: Exhibit A— Legal Description Deed Restriction for Accessory Dwelling Unit Page 2 Tmplt: 08/15/17 F:�U5ers1CbA15hared\AddnOAnning_QivislvnlCurrent TempialesVAASTER-orlginahCovenanl_Agreements ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) ss. r On December 21, 2017 before me. Zee i4nn A ��1/z�1� , Notary Public, personally appeared Michael H. Mugel, who proved to me on the basis of satisfactory evidence to be the person(�whose narne�gj islessubscribed to the within instrument and acknowledged to me that hels�6/they executed the same in his/herl bear authorized capacity(ipsl, and that by his/W ter signatures(wron the instrument the personw, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY�F PERJURY under the laws of the State of California that the forego n paragraph is Lie nd Correct. LEE ANN HILLIKER x Commission 4#2122878 WIT d 0 e I. z . Notary Public-California Orange County n � C m.Fx Tres Au 1C,2019 Y Signature Deed Restriction for Accessory Dwelling Unit Page 3 Tmplt: 08/15/17 F:lUserslCDMSharedlAdminLPlanntng_37iwsionkcLFrrenl_Tempi atesWASTER-ohglnallCovenanl Agreements EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: Parcel 1: Lots 3. 4. 10 and 1 I in Hinek C.'V3 of rorona Doi Mar. in the City of Nowport Beach, County of Orange, State of Cali kxnia, as shown on a reap recorded in Book 3, Page 41 and 42 of Miscellaneous Maps, records of Orange County. California. Parcel 2: A soon-exclusive easement for ingress and egress over that portion of Lot 11 Block C-33 of Corona Del Mar, as shown on a map recorded in Book 3, pages 41 and 42 of Miu ellaneous Maps, records of Orange County, California, described as follows: Beginning at a point on the Northeasterly line of said Lut, 12 feet Souttyeasteriy from the Northerly corner thereof; thence Southwesterly 32 feet parallel to the Northwesterly line of said Lot 11, thence Southwesterly in a direct line to a point on the Southwesterly lino of said Lot, 23 feet from the Westerly corner thereof; thenr_e Northwesterly along said Southwesterlyline 23 fept to the Westerly corner of Said lot; thence along the Westerly line to the Northerly comer of said lot: thivnce Southeasterly along the Northeasterly line of said lot, 12 feet to the paint or beginning. Said land is also known na. Parcel 1 of Parcel Map 17754, in the City of Newport Beach. County of Orange, State of California, as shown on map filed in Book 65 Page 6 of Parcel Maps, Records of Orange County, California. Assessor's Parcel No: 052.050-31 Deed Restriction for Accessory Dwelling Unit Page A-1